Opinion · Court of Appeals for the Second Circuit

Ouellette v. International Paper Co.

776 F.2d 55

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1985-11-04
Topic
general

PER CURIAM: By order dated February 5, 1985, the district court, Albert W. Coffrin, Chief Judge, denied defendant’s motion pursuant to Fed.R.Civ.P. 12(c) and 56(b) to dismiss plaintiffs’ cause of action concerning water pollution. Ouellette v. International Paper Co., 602 F.Supp. 264 (D.Vt.1985). The district court held (i) that the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq. authorizes this action involving interstate water pollution claims by owners of property in Vermont against an effluent *56producer located in New York to be maintained in the courts and under the common law of the State of Vermont, where the alleged injuries occurred; (ii) that neither the Two-Party Agreement nor the Four-Party Agreement entered into by the State of Vermont in settlement of Vermont v.

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